Kazakhstan Law Affecting International Adoption

Disclaimer: This is presented for your information only. It is not meant as a substitute for legal council. There may be other laws, edicts, and regulations that govern adoptions. This may not be the most current version, and the translation may not be accurate. Machine translation provided by Babelfish [external link] and WorldLingo [external link].

Definitions of a few terms used in the translations:

  • guardianship: lawful form of the protection of rights and interests of children who are less than fourteen years.
  • trusteeship: lawful form of the protection of rights and interests of children who are fourteen to eighteen years.
  • patronage: form of training with which the child, who remained without the care of parents, is transferred to the training to the family of citizens by agreement, concluded by the authorized public body and by educator, which expressed the desire to take child for the training. In other words, foster care.

Decrees

  • Decree of the Ministry of Foreign Affairs as of June 17, 1999 #655 [external link]. Rules on foreign citizens adopting.
    1. Present rules are developed in accordance with Article 78 of laws of republic Kazakhstan "about the marriage and the family" and determine the order of the calculation of foreign citizens, who desire to adopt the children of the citizens of republic Kazakhstan.
    2. Foreign citizens, who desire to adopt the children of the citizens of republic Kazakhstan, turn themselves into the authorized organs of republic Kazakhstan (organs of guardianship and trusteeships) through the diplomatic missions, the consular offices of republic Kazakhstan and present notification in writing about the desire to adopt child; information- permission from the local organs of host country about the personal moral qualities of potential parents, that resolves the adoption of children and that confirming the presence of conditions in the future family for the normal development, training and education of child; information about the financial justifiability; information about the marital status; medical information about the health status. All documents indicated must be if necessary legalized in the diplomatic missions, consular offices of republic Kazakhstan or in the department of the consular service of the Ministry of Foreign Affairs of republic Kazakhstan and are represented together with the assured transfer into state or the Russian language.
    3. With the method of documents from the foreign citizens the consular authority in the required order checks the correspondence of applicants to the conditions, indicated in Articles 76, 79, 80 and 81 laws of republic Kazakhstan "about the marriage and the family". In the case of nonconformity to the conditions indicated the documents do not start and the reasons for refusal are explained.
    4. The diplomatic missions and consular offices direct materials on the adoption in two copies into the department of the consular service for further forwarding into the organs of guardianship and trusteeship. One copy of documents on the adoption is stored in the diplomatic missions and the consular offices of republic Kazakhstan.
    5. With obtaining of answer from the organs of guardianship and trusteeship about the possible adoption of child, the diplomatic missions and consular offices issue visas to applicants for the entrance into the republic Kazakhstan and the formulation of the adoption of the child in accordance with point of 3 Articles 76 of laws of republic Kazakhstan "about the marriage and the family".
    6. Calculation of the persons, foreign citizens, who desire to adopt the children of the citizens of republic Kazakhstan, is conducted in the various periodical, into which will be brought in the information about the adopters, about their material and financial state, the address of their stay, the date of the entering and the sendings of materials on the adoption into the organs of guardianship and trusteeship.
    7. After adoption in the periodical is produced the record about the adoption.
    8. Consular authority: one time in half a year before reaching of maturity or to the acquisition of the citizenship of the country of adopter and with the observance of the conditions of Article 91 of laws of republic Kazakhstan "about the marriage and the family" has the right to visit adopter for the purpose of checking the correspondence of the conditions of stay, training the child.
    9. Information about the foreign citizens, who desire to adopt the children of the citizens of republic Kazakhstan, once in half a year is sent for the department of the consular service.

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  • Decree of the Government of the Republic of Kazakhstan as of June 24, 1999 #842. List of the diseases, in the presence of which person cannot adopt a child, accept him under the guardianship, the patronage.
    1. Syndrome of the acquired immunodeficiency of man (AIDS) and infection by the virus of the immunodeficiency of man (HIV).
    2. Psychiatric illnesses.
    3. Alcoholism, addiction, toxicomania.
    4. Tuberculosis (chronic with the excretion of bacteria, for the first time revealed with the excretion of bacteria (before abqacilaration).
    5. Sexually transmitted diseases (syphillis not cured, gonorrhea not cured, urogenital chlamidosis not cured).
    6. Leprosy.
    7. Severe illnesses of the disorganization of connective tissue (system lupus erythematosis, system scleroderma, dermatomyositis).
    8. Severe dermatosis with the disturbance/breakdown of callusing (severe forms of ichthyoses, ikhtiozoformnaya erythroderma, arthropathic psoriasis).
    9. Severe chronic bullous dermatosis (acantholytic bladderwort, pemfigoid, the ikhtiozoformnye damages/defeats of the skin, bullous epidermoliz).
    10. Disablement I, II of the group (individually, on the resolution of the organs/controls [bodies] of guardianship and trusteeship). [Disability I = can't work at all and needs someone to take care of them; Disability II = can do limited jobs.]

  • Decree of the Government of the Republic of Kazakhstan as of August 9, 1999 #1346: Adoption procedures and centralized registration of children left without parental care and the civil code. This is a very large document. Changed by Decree #428 on April 15, 2002.

  • Order of the Ministry of Education and Science #186 on March 21, 2001, about the delivery of direction for the visit of child, which is subject to adoption.

  • Decree of the Government of the Republic of Kazakhstan, April 15, 2002 #428 amending Decree #1754 on November 19, 1999.

  • May 17, 2002 #322-11 The child which is a citizen of Kazakhstan and is adopted by foreigners stays the citizen of Kazakhstan till he/she comes of age.

  • Joint order by the Ministry of Internal Affairs Decree #537 on August 8, 2002; Ministry of Justice Decree #123 on August 21, 2002; and Ministry of Education and Science Decree #614 and the Minstry of Foreign Affairs Decree #08-1/32 on August 22, 2002; about the organization of the operational exchange of information on the adoption of children by foreigners.

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  • Law on the rights of the child in Republic Kazakhstan, #345 on August 8, 2002: Another very long document; Chapter 5 deals with orphans.
    • Article 27. Guardianship, trusteeship and the patronage
      1. Above the child, who stayed without the care of parents, is established the guardianship or trusteeship for the protection of its property and personal non-property rights in accordance with the legislation of Republic Kazakhstan.
      2. guardianshipp is established above the children, who did not reach the age of fourteen years, but trusteeship is established above the minor at the age from fourteen to eighteen years.
      3. local executing agencies are bodies of guardianship and trusteeship.
      4. above the child, who stayed without the care of parents, including taking place in educational, medical or other establishment, patronage can be established according to the legislation of Republic Kazakhstan.
      5. if the child, above whom is established the guardianship or trusteeship, has brothers and sisters, conditions for their joint residing are created.
    • Article 28. Adoption
      For purposes of the creation of conditions for the development and the training in the family the child, who remained himself without the care of parents, can be transmitted to the adoption in the order established by the legislation of Republic Kazakhstan.
    • Article 29. The maintenance and education of the child in educational, medical and other similar establishments
      1. The child who has stayed without care of parents, at impossibility to transfer it on education in family is subject to the device in educational, medical or other similar establishment.
      2. alimony, benefits and other social payments due to child, are transferred to his personal account and are paid out in the order established by legislation Republic Kazakhstan.
      3. to the child, who is located in educational, medical and other similar establishments for children, who remained themselves without the care of parents, are created the conditions approximating family. The child has the right to the maintenance, education, formation, an all-around development, respect of its honour and advantage, maintenance of the interests, preservation of the native language, culture, national customs and traditions.
      4. workers of educational, medical and other similars establishments for the children, who remained without the care of parents, which completed anti-pedagogical or amoral actions concerning the child, who is located in the establishments indicated, bear responsibility in accordance with the legislative acts of Republic Kazakhstan.
      5. protection of rights and interests of the child, who is located in educational, medical and other establishments for the children, who remained without the care of parents, assistance in job placement are achieved by local executing agencies. To the children- orphans, who have lost parents up to the maturity, are given dwellings from the state available housing into the use in accordance with the housing legislation of Republic Kazakhstan.
    • Article 30. Organizations, which achieve functions on the protection of the rights of the child
      1. In children's homes- orphan and the children, who remained without the care of parents, from the birth to three years are accepted. Special department is opened for the temporary content of children in the house of child.
        The children with the defects of mental and physical development from birth to four years start in the specialized houses of child.
        In the special organizations of formation are placed the children with the deviant behavior at the age from eleven to eighteen years.
        In the internat organizations are accepted children - orphan and the children who remained without the care of parents, at the age from three to eighteen years.
        In comprehensive boarding school start children - orphan, the children, who remained without the care of parents, and also children from the needy and large families at the age from six to eighteen years, not having medical contraindications for the content in the organizations of this type. The internat organizations provice the state guarantees to the education, formation and maintenance of minors with the granting a place of residence.
        The children, who need withdrawal, medical, commsumer services and social- labour adaptation at the age from four to eighteen years, start in the house- boarding school for the mentally retarded children.
        Into family type children's village children - orphan and the children, who remained without the care of parents, at up to eighteen years are accepted.
        The order of reception and condition of the maintenance of children in children's villages of family type are defined by the legislation of Republic Kazakhstan on children's villages of family type and Houses of youth.
        In the house of youth on the basis of the decision of the administration of children's village (orphan asylum) there can pass social adaptation graduates of children's homes and children's villages at the age up to twenty three years, pupils at the age from sixteen years, transferred from the children's village and the children's homes.
        In the centers of temporary isolation, adaptation and rehabilitation of minors neglected and homeless at the age from three to eighteen years for establishing parents or other lawful representatives.
      2. Conditions of reception and the maintenance of children in the organizations which are carrying out functions on protection of the rights of the child, regarding, not established by the present Law, are defined by position about these organizations, the authorized body authorized by the Government of Republic Kazakhstan.

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  • Decree of the Government of the Republic of Kazakhstan as of November 12, 2002 #1197. Regulations for Foreign Parents Seeking to Adopt Kazakhstani Children.
    1. This regulation describes the adoption process of children, citizens of the Republic of Kazakhstan, by foreigners. Adoption can be executed only for minor children and within the child's interests.
    2. Children, citizens of the Republic of Kazakhstan, deprived of parental custody can be adopted by foreigners provided that there are no Kazakhstani citizens or permanent residents or relatives regardless of their nationality and place of residency willing to adopt the child.
    3. A child becomes eligible for adoption by foreigners only three months after the child's data is entered in the Republic's databank of orphans for centralized registration.
    4. The adoption is executed in accordance with the Law of the RK on Marriage and Family and Civil Code.
    5. The required personal appearance of the person(s) intending to adopt a child does not contradict with their rights to have a representative in the process of adoption whose rights and duties are defined by civil law as well as to use translator's services, if required.
    6. Foreigners intending to adopt children, citizens of the Republic of Kazakhstan, have a right to enter Kazakhstan with Kazakhstani entry visa. Entry visas are issued by Kazakhstani Embassies or Consulates.
    7. The documents about the orphan to be adopted shall be available to the prospective adoptive parents. The prospective parents shall confirm in writing their awareness of the results of the orphan's medical examination report/diagnosis.
    8. The prospective adoptive parents have a right to obtain detailed information regarding the orphan they intend to adopt and if he/she has relatives.
    9. The prospective adoptive parents shall have direct contacts with the orphan at their permanent place or residence (to learn about the child's personality, habits, preferences, features; should walk and play with the child) for at least two weeks following the completion of routine requirements of the guardianship entity, in presence of a translator and a representative of the guardianship entity.
    10. After a child to be adopted is identified, the central executive authority in education informs whether the child is in the centralized database of orphans.
    11. The following documents shall be presented by the prospective parents to the guardianship entity where the child resides: application, documents certifying financial situation, documents about marital status, prospective parent(s) medical examination report, personal characteristics, issued by social workers.
    12. The guardianship entity shall provide the court with a note covering the reasons of adoption, conformity with the interests of the orphan and containing information about the personal contacts between the prospective adoptive parent(s) and the child.
    13. Orphans may be adopted by foreigners under a court decision at the place of the orphans' residence.
    14. Adoption cases are subject to a court hearing with the obligatory participation of perspective parents, guardianship entity representatives and prosecutor.
    15. Adoption of a child is subject to a state registration according to the order established for civil acts registration.
    16. The rights and obligations of both the adoptive parent(s) and child become effective immediately after the court decision on adoption enters into force.
    17. The adoptive parents shall personally arrive to take the child from the place of his/her current residence after presenting passport or other identification documents and the court decision.
    18. To protect the rights and interests of the adopted children the embassies and consular sections of the Republic of Kazakhstan shall oversee their living conditions and family environment following the Kazakhstan working legislation.
    19. Annually adoptive parents have to send information about the child' environment, health and family situation to the guardianship entity with attached pictures.
    20. If the adoption results in violation of the child's rights granted by the Law of the Republic of Kazakhstan and international agreements of the Republic of Kazakhstan, the adoption shall be cancelled under a court decision. The parents of the adopted child, persons whose rights were violated through the adoption, the prosecutor, and the guardianship entities have a right to apply for the adoption cancellation or revocation.

  • Order of the MInistry of Education and Science #851 on December 4, 2002 about the realization of the Government Decision #1197.

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  • Order of Secretary of State - Ministry of Foreign Affairs #08-1/31 on April 11, 2003 about the assertion of instruction on the setting to the calculation of children, who are the citizens of republic Kazakhstan, transmitted to the adoption to the foreigners.

  • Decree of the Government #520 on June 3, 2003, on the introduction of changes and additions into the Decision of the Government of republic Kazakhstan #620 on May 22, 1999.
    1. To introduce into the decision of the government of republic Kazakhstan of 2 May, 1999, N 620 "about the assertion of position about the order of change, restoration and annulment of the records of the certificates of registration, form of the books of the registration of the certificates of registration and form of the evidence, issued on the basis of entries in these books, and was guided about the order of the registration of certificates of registration in the republic Kazakhstan" (SAPPA respublikya Kazakhstan, 1999., N 20-21, st.214) following changes and the addition:
      1. in the position about the order of change, restoration and annulment of the records of certificates of registration in the republic Kazakhstan, affirmed by the decision indicated: point 17 to present in the following editorial staff: "17. The registration of the restored record of certificate of registration is produced by organs ZAGS - CIVIL REGISTRY OFFICE for the place, where the lost record was located. In the case of restoring the lost record in the judicial order, the registration of the restored record of report is produced for the place of the carrying out of the judicial solution. Record about the restoration of certificate of registration is produced in the book of the current registration, and the registration of the restored entry about the generation - in the book of the registration of the restored reports about the generation.";
      2. in the rules about the order of the registration of certificates of registration in the republic Kazakhstan, affirmed by the decision indicated: point 171 to supplement with the subparagraph 12) of the following content: "12) the desire to bear surname and patronymic on surname and name of the person, actually brought up applicant."; in the paragraph the third of point 179 in the text in the official language the word: "Ush" to replace with the word of "b.ir"; paragraph the third of point 216 to supplement with words "in the exceptional cases, to the children is older than 16 years, but the not reached 18 years and not received the document, which certifies personality, reveal repeated evidence in presence of one of the parents, or the guardian, with the assignment by them the document, which certifies personality".
    2. The present decision comes into force from the day of signing.

Links to Official Sites and Law Sources

  • Ministry of Foreign Affairs [external link] on adoption.
  • Supreme Court [external link] is in Russian. The following pertain to adoption:
    • Dated December 22, 2000, Decision N 17, application of the law of marriage and family to explain the court's involvement.
    • Dated September 28, 2000, "generalizes judicial practice in the matters of adoption"; looks at regional court cases with problems, both domestic and international.
    • Dated June 11, 2003, Decision N 5, examines applications of the Civil Code (addresses adoption on page 2: "On affairs about adoption in case of validity of the application in adoption the court according to clause 317-5 specifies the child to a part of the decision about satisfaction of the application. At presence of the request of adoptive fathers about their record as parents of the child, solves the problem on modification in record of the certificate about a birth of the child concerning parents, date and the birthplace of the child; Satisfying the application for an establishment of the fact of the accident which was having place on manufacture, court in adoption parts of the decision is obliged to specify time and a place of accident, a surname, a name and a patronymic of the person with which there was an accident, about a recognition of the accident connected to manufacture." This decision is reflected in the law.).
  • Kazakhstan Consulate [external link] in New York on adoption.
  • Legislation of Republic of Kazakhstan [external link] is in Russian; you can purchase many of the listed documents through their Online [external link] service.
  • Pavlodar.com [external link] is a financial site that is tied to the one above, but it does have some of the laws available for free.
  • Kazakhstan Government [external link] official website is in Kazakh and Russian. They have the Government decrees available, some in RTF and some in HTML.
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Page last updated on 30 September 2009.

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